Bombay High Court
UTKARSH CO-OPERTAIVE HOUSING SOCIETY LTD AND ANRversusCOSMOS PRIME PROJECTS LTD AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court restrained the petitioner and associated parties from creating any third‑party rights in the specified property pending the final disposal of the writ petition.
Summary
Respondents Nos. 3 and 4 filed an interim application seeking a restraining order to prevent the petitioner from creating any third‑party rights over Sub‑Plot No. 1 (2,038.21 sq m) of Plot 1035, Mahim Division, pending settlement talks. The petitioner contended it has no intention to create such rights and is willing to comply with any direction. The court considered the respondents' anxiety and the petitioner's assurances. It granted the relief sought in prayer clause (a), restraining the petitioner and related parties from selling, transferring, leasing, mortgaging, developing or otherwise creating any third‑party interest in the property until the final disposal of Writ Petition No. 10890 of 2018. The court also ordered the petition to be listed for settlement on 29 September 2026.
Issues considered
- Whether the petitioner should be restrained from creating any third‑party rights over the disputed property pending the final disposal of the writ petition.
Subjects
- interim injunction
- third party rights
- property dispute
- restraining order
- settlement
- co‑operative housing society
- real estate
Judgment
Renuka 18-IA-6996-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6996 OF 2026
IN
WRIT PETITION NO. 10890 OF 2018
Utkarsh Co-Operative Housing Society ...Petitioners
Ltd And Anr.
V/s.
Cosmos Prime Projects Ltd And Ors. ...Respondents
________________
Mr. Rakesh Kumar Singh with Ms. Pooja M. Zagde for Applicant in
Interim Application and Respondent No. 3 and 4 in WP.
Digitally signed
Mr. Karansingh Shekhawat for Petitioner in WP.
by RENUKA
RENUKA SHANKARSINHA
SHANKARSINHA THAKUR
THAKUR
Date: 2026.09.08
10:43:08 +0530 Ms. Savina R. Crasto, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 7 SEPTEMBER 2026.
P.C.:
1) The Interim Application is filed by Respondent Nos. 3 and 4
seeking restraint order against the Petitioner from creation of any third
party rights in respect of the petition property. It appears that
Respondent No. 3-society has already passed a resolution for purchase of
the entire larger portion of the land from the Petitioner. It is an anxiety
of Respondent No. 3 that Petitioner is likely to create third party rights
in respect of the property during pendency of settlement talks.
Page No.1 of 2
7 SEPTEMBER 2026
Renuka 18-IA-6996-2026.docx
2) The learned counsel appearing for the Petitioner makes a
statement that Petitioner is not intending to create any third party rights
in respect of the Petitioner-society. This quells the apprehension
expressed on the part of the Respondent No. 3. He submits that
Petitioner has no objection if directions are passed in terms of prayer
clause (a) of the Interim Application.
3) The Interim Application is disposed of by granting relief in
terms of prayer clause (a) of the Interim Application which reads thus:-
(a) that pending the hearing and final disposal of Writ Petition No.
10890 of 2018, the Petitioner. Respondent No. 7 M/S. Vastukar
Builders, Aurum Parks Private Limited and all persons claiming
through or under them, by themselves, their servants, agents and
assigns, be restrained by an order and injunction of this Hon'ble
Court from selling, transferring, conveying, assigning, leasing,
licensing, mortgaging, charging, encumbering, developing, parting
with possession of, or otherwise creating any third-party right, title
or interest of whatsoever nature in respect of Sub-Plot No. 1
admeasuring 2,038.21 sq. mtrs forming part of Final Plot No. 1035 of
T.P.S. IV, Mahim Division, together with the building known as
"Utkarsh" standing thereon;
4) List the Petition under caption 'for settlement' on 29
September 2026 as directed above.
[SANDEEP V. MARNE, J.]
Page No.2 of 2
7 SEPTEMBER 2026
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